The following excerpt is from Garnett v. Undercover Officer C0039, 838 F.3d 265 (2nd Cir. 2016):
on an allegation that the officer falsified information, an arrestee must prove by a preponderance of the evidence that the officer created false information, the officer forwarded the false information to prosecutors, and the false information was likely to influence a jury's decision. See, e.g. , Ricciuti v. N.Y.C. Transit Auth ., 70 F.Supp.2d 300, 331 (S.D.N.Y. 1999) (jury charge on the denial of constitutional right to a fair trial claim on remand in Ricciuti ). These requirements all provide necessary limits on the reach of a denial of a fair trial claim based on false information.
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